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S. 2633 RAVE Act
Reducing Americans' Vulnerability to Ecstasy Act of 2002
Senate Bill 2633 is an attempt by legislators to reduce the illegal use of ecstasy (MDMA) by re-writing Title 21 U.S. Code Section 856 (aka the "crack house law") so that it can be better used to shut down raves. In addition to expanding the scope of 21 U.S.C. 856 this legislation adds a $250,000 minimum civil liability clause to the existing criminal penalties of up to 20 years imprisonment and possible $500,000 fine. This legislation could have a devastating effect on the electronic dance music community.
FAX Your Senator: Two minutes is all it takes to fax your opposition to S.2633 to your senators using this easy online form provided by the Drug Policy Alliance (EM
EF is a project of the DPA.) Even if you've previously contacted your senators by phone, email, or snail mail, send them a fax as well!
RAVE Act (Introduced in Senate)
S 2633 IS
107th CONGRESS
2d Session
S. 2633
Mr. BIDEN (for himself and Mr. GRASSLEY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
-------------------------------------------------------------------------------
A BILL
To prohibit an individual from knowingly opening, maintaining, managing, controlling, renting, leasing, making available for use, or profiting from any place for the purpose of manufacturing, distributing, or using any controlled substance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Reducing Americans' Vulnerability to Ecstasy Act of 2002' or the `RAVE Act'.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Each year tens of thousands of young people are initiated into the drug culture at `rave' parties or events (all-night, alcohol-free dance parties typically featuring loud, pounding dance music).
(2) Some raves are held in dance clubs with only a handful of people in attendance. Other raves are held at temporary venues such as warehouses, open fields, or empty buildings, with tens of thousands of people present.
(3) The trafficking and use of `club drugs', including 3, 4-Methylenedioxymethamphetamine (Ecstasy or MDMA), Ketamine hydrochloride (Ketamine), Flunitrazepam (Rohypnol), and Gamma hydroxybutyrate (GHB), is deeply embedded in the rave culture.
(4) Many rave promoters go to great lengths to try to portray their events as alcohol-free parties that are safe places for young adults to go to dance with friends, and some even go so far as to hire off-duty, uniformed police officers to patrol outside of the venue to give parents the impression that the event is safe.
(5) Despite such efforts to convince parents that raves are safe, promotional flyers with slang terms for Ecstasy or pictures of Ecstasy pills send the opposite message to teenagers, and in effect promote Ecstasy along with the rave. According to the National Drug Intelligence Center, raves have become little more than a way to exploit American youth.
(6) Because rave promoters know that Ecstasy causes the body temperature in a user to rise and as a result causes the user to become very thirsty, many rave promoters facilitate and profit from flagrant drug use at rave parties or events by selling over-priced bottles of water and charging entrance fees to `chill-rooms' where users can cool down.
(7) To enhance the effects of the drugs that patrons have ingested, rave promoters sell--
(A) neon glow sticks;
(B) massage oils;
(C) menthol nasal inhalers; and
(D) pacifiers that are used to combat the involuntary teeth clenching associated with Ecstasy.
(8) Ecstasy is the most popular of the club drugs associated with raves. Thousands of teenagers are treated for overdoses and Ecstasy-related health problems in emergency rooms each year. The Drug Abuse Warning Network reports that Ecstasy mentions in emergency visits grew 1,040 percent between 1994 and 1999.
(9) Ecstasy damages neurons in the brain which contain serotonin, the chemical responsible for mood, sleeping and eating habits, thinking processes, aggressive behavior, sexual function, and sensitivity to pain. According to the National Institute on Drug Abuse, this can lead to long-term brain damage that is still evident 6 to 7 years after Ecstasy use.
(10) An Ecstasy overdose is characterized by an increased heart rate, hypertension, renal failure, visual hallucinations, and overheating of the body (some Ecstasy deaths have occurred after the core body temperature of the user goes as high as 110 degrees, causing all major organ systems to shutdown and muscles to breakdown), and may cause heart attacks, strokes, and seizures.
SEC. 3. OFFENSES.
(a) IN GENERAL- Section 416(a) of the Controlled Substances Act (21 U.S.C. 856(a)) is amended--
(1) in paragraph (1), by striking `open or maintain any place' and inserting `open, lease, rent, use, or maintain any place, whether permanently or temporarily,'; and
(2) by striking paragraph (2) and inserting the following:
`(2) manage or control any place, whether permanently or temporarily, either as an owner, lessee, agent, employee, occupant, or mortgagee, and knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.'.
(b) TECHNICAL AMENDMENT- The heading to section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended to read as follows:
`SEC. 416. MAINTAINING DRUG-INVOLVED PREMISES.'.
(c) CONFORMING AMENDMENT- The table of contents to title II of the Comprehensive Drug Abuse and Prevention Act of 1970 is amended by striking the item relating to section 416 and inserting the following:
`Sec. 416. Maintaining drug-involved premises.'.
SEC. 4. CIVIL PENALTY AND EQUITABLE RELIEF FOR MAINTAINING DRUG-INVOLVED PREMISES.
Section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended by adding at the end the following:
`(d)(1) Any person who violates subsection (a) shall be subject to a civil penalty of not more than the greater of--
`(A) $250,000; or
`(B) 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person.
`(2) If a civil penalty is calculated under paragraph (1)(B), and there is more than 1 defendant, the court may apportion the penalty between multiple violators, but each violator shall be jointly and severally liable for the civil penalty under this subsection.
`(e) Any person who violates subsection (a) shall be subject to declaratory and injunctive remedies as set forth in section 403(f).'.
SEC. 5. DECLARATORY AND INJUNCTIVE REMEDIES.
Section 403(f)(1) of the Controlled Substances Act (21 U.S.C. 843(f)(1)) is amended by striking `this section or section 402' and inserting `this section, section 402, or 416'.
SEC. 6. SENTENCING COMMISSION GUIDELINES.
The United States Sentencing Commission shall--
(1) review the Federal sentencing guidelines with respect to offenses involving gamma hydroxybutyric acid (GHB);
(2) consider amending the Federal sentencing guidelines to provide for increased penalties such that those penalties reflect the seriousness of offenses involving GHB and the need to deter them; and
(3) take any other action the Commission considers necessary to carry out this section.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR A DEMAND REDUCTION COORDINATOR.
There is authorized to be appropriated $5,900,000 to the Drug Enforcement Administration of the Department of Justice for the hiring of a special agent in each State to serve as a Demand Reduction Coordinator.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS FOR DRUG EDUCATION.
There is authorized to be appropriated such sums as necessary to the Drug Enforcement Administration of the Department of Justice to educate youth, parents, and other interested adults about the drugs associated with raves.
CONGRESSIONAL RECORD - SENATE JUNE 18, 2002
INTRODUCTORY STATEMENTS for S. 2633
By Mr. BIDEN (for himself, and Mr. GRASSLEY):
S. 2633. A bill to prohibit an individual from knowingly opening, maintaining, managing, controlling, renting, leasing, making available for use, or profiting from any place for the purpose of manufacturing, distributing, or using any controlling substance, and for other purposes; to the Committee on the Judiciary.
Mr. BIDEN. Madam President, over the past several years, I have become increasingly concerned with the trafficking and use of the newest fad drug, Ecstasy. All across the country, thousands of teenagers are treated for overdoses and Ecstasy-related health problems in emergency rooms each year. And recent statistics from the Partnership for a Drug Free America show that teen use of Ecstasy has increased 71 percent since 1999. Unless we mount a major education campaign across schools and campuses nationwide, we may not be able to counter the widespread misconception that Ecstacy[sic] is harmless, fashionable and hip.
Much of the abuse of Ecstasy and other club drugs happens at all-night dance parties known as "raves." A few months ago in the Caucus on International Narcotics Control I held a hearing to take an in-depth look at the phenomenon of these all-night dance parties and recent efforts at the Federal, State and local levels to crack down on rave promoters who allow rampant drug use at their events and do everything they can to profit from it.
It is common for rave organizers to go to great lengths to portray their events as safe so that parents will allow their kids to attend. They advertise them as alcohol-free parties and some even hire off-duty police officers to patrol outside the venue. But the truth is that many of these raves are drug dens where use of Ecstasy and other "club drugs," such as the date rape drugs Rohypnol, GHB and Ketamine, is widespread.
But even as these promoters work to make parents think that their events are safe, they send a different message to kids. Their promotional flyers make clear that drugs are an integral part of the party by prominently featuring terms associated with drug use, such as the letters "E" or "X," street terms for Ecstasy, or the term "rollin," which refers to an Ecstasy high. They are, in effect, promoting Ecstasy along with the rave.
By doing so, the promoters get rich as they exploit and endanger kids. Many supplement their profits from the $10 to $50 cover charge to enter the club by selling popular Ecstasy paraphernalia such as baby pacifiers, glow sticks, or mentholated inhalers. And party organizers know that Ecstasy raises the core body temperature and makes the user extremely thirsty, so they sell bottles of water for $5 or $10 apiece. Some even shut off the water faucets so club goers will be forced to buy water or pay admission to enter an air-conditioned "cool down room."
Despite the conventional wisdom that Ecstasy and other club drugs are "no big deal," a view that even the New York Times Magazine espoused in a cover story, these drugs can have serious consequences, and can even be fatal.
After the death of a 17-year-old girl at a rave party in New Orleans in 1998, the Drug Enforcement Administration conducted an assessment of rave activity in that city which showed the close relationship between these parties and club drug overdoses. In a two year period, 52 raves were held at the New Orleans State Palace Theater, during which time approximately 400 teenagers overdosed and were treated at local emergency rooms. Following "Operation Rave Review" which resulted in the arrest of several rave promoters and closing the city's largest rave, overdoses and emergency room visits dropped by 90 percent and Ecstasy overdoses have been eliminated.
State and locals governments have begun to take important steps to crack down on rave promoters who allow their events to be used as havens for illicit drug activity. In Chicago, where Mayor Daley has shown great leadership on this issue, it is a criminal offense to knowingly maintain a place, such as a rave, where controlled substances are used or distributed. Not only the promoter, but also the building owner and building manager can be charged under Mayor Daley's law. The State of Florida has a similar statute making such activity a felony.
And in Modesto, California, police officers are offering "rave training classes" to parents to educate them about the danger of raves and the club drugs associated with them.
And at the Federal level, there have been four cases in which Federal prosecutors have used the so called "crack house statute" or other Federal charges to go after rave promoters. These cases, in Little Rock, AR, Boise, ID, Panama City, FL, and New Orleans, LA, have had mixed results, culminating in two wins, a loss and a draw, suggesting that there may be a need to tailor this Federal statute more precisely to the problem at hand. Today I am proposing legislation, Reducing Americans' Vulnerability to Ecstasy Act, or the "RAVE" Act, which will do just that. I am pleased to have Senator Grassley as the lead cosponsor.
The bill tailors the crack house statute to address rave promoters' actions more specifically so that Federal prosecutors will be able to use it to prosecute individuals who allow rampant drug use at their events and seek to profit from putting kids at risk. The legislation also addresses the low penalties for trafficking gamma hydroxybutyric acid, GHB, by directing the United States Sentencing Commission to examine the current penalties and consider increasing them to reflect the seriousness of offenses involving GHB.
But the answer to the problem of drug use at raves is not simply to prosecute irresponsible rave promoters and those who distribute drugs. There is also a responsibility to raise awareness among parents, teachers, students, coaches, religious leaders, etc. about the dangers of the drugs used and sold at raves. The RAVE Act directs funds to the DEA for that purpose. Further, the bill authorizes nearly $6 million for the DEA to hire a Demand Reduction Coordinator in each state who can work with communities following the arrest of a significant local trafficker to reduce the demand for drugs through prevention and treatment programs.
It is the unfortunate truth that most raves are havens for illicit drugs. Enacting the RAVE Act will help to prosecute the promoters who seek to profit from exploiting and endangering young lives and will take steps to educate youth, parents and other interested adults about the dangers of Ecstasy and other club drugs associated with raves.
I hope that my colleagues will join me and support this legislation.
Mr. GRASSLEY. Madam President, I am pleased to join my colleague Senator BIDEN today in introducing the RAVE Act, or Reducing America's Vulnerability to Ecstacy[sic] Act of 2002. I believe this legislation will help America's law enforcement go after the latest methods drug dealers are using to push drugs on our kids. As drug dealers discover new drugs and new methods of pushing their poison, we must make sure our legal system is adequately structured to react appropriately. I believe this legislation does that.
Many young people perceive Ecstasy as harmless and it is wrongly termed a recreational or "kid-friendly" drug. This illegal substance does real damage to real lives. Although targeted at teenagers and young adults, its use has spread to the middle-aged population and rural areas, including my own State of Iowa. Ninety percent of all drug treatment and law enforcement experts say that Esctasy[sic] is readily accessible in this country. We cannot continue to allow easy access to this drug or ignore the consequences of its use.
The sale of illicit narcotics, whether on a street corner here in Washington, D.C., or a warehouse in Des Moines, IA, must be confronted and halted wherever possible. One of the new, "trendy" illicit narcotics is Ecstasy, an especially popular club drug that is all too often being sold at all-night dance parties, or raves. Ecstasy is an illegal drug that has extremely dangerous side effects. In general, Ecstasy raises the heart rate to dangerous levels, and in some cases the heart will stop. It also causes severe dehydration, a condition that is exacerbated by the high levels of physical exertion that happens at raves. Users must constantly drink water in an attempt to cool off, a fact that some rave promoters take advantage of by charging exorbitant fees for bottles of water. Too often, users collapse and die because their bodies overheat. And even those who survive the short-term effects of Ecstasy use can look forward long-term problems such as depression, paranoia, and confusion, as scientists have learned that Ecstasy causes irreversible changes to the brain.
The legislation that we introduce today is the result of information gathered during a series of hearings held by the Caucus on International Narcotics Control. It will help U.S. attorneys shut down raves and prosecute rave promoters who knowingly maintain a place where drugs are used, kept, or sold by expanding the existing statute that allows the closure and prosecution of crack house operators.
The statute would only be applicable if the rave promoters or location owners "knowingly and intentionally" either use or allow to be used space for an event where drugs will be "manufactured, stored, distributed, or used." This legislation will not eliminate all raves. Provided rave promoters and sponsors operate such events as they are so often advertized[sic], as places for people to come dance in a safe, alcohol-free environment, then they have nothing to fear from this law. But this legislation will give law enforcement the tools needed to shut down those rave operators and promoters who use raves as a cover to sell drugs. Innocent owners or proprietors will remain exempt from prosecution.
This legislation is an important step, but a careful one. Our future rests with the young people of this great nation and America is at risk. Esctasy[sic] has shown itself to be a formidable threat and we must confront it on all fronts, not only through law enforcement but education and treatment as well. I hope my colleagues will join us in supporting the RAVE Act, and help us work towards its quick passenge[sic].
Reducing Americans' Vulnerability to Ecstasy Act of 2002
Senate Bill 2633 is an attempt by legislators to reduce the illegal use of ecstasy (MDMA) by re-writing Title 21 U.S. Code Section 856 (aka the "crack house law") so that it can be better used to shut down raves. In addition to expanding the scope of 21 U.S.C. 856 this legislation adds a $250,000 minimum civil liability clause to the existing criminal penalties of up to 20 years imprisonment and possible $500,000 fine. This legislation could have a devastating effect on the electronic dance music community.
FAX Your Senator: Two minutes is all it takes to fax your opposition to S.2633 to your senators using this easy online form provided by the Drug Policy Alliance (EM
EF is a project of the DPA.) Even if you've previously contacted your senators by phone, email, or snail mail, send them a fax as well! RAVE Act (Introduced in Senate)
S 2633 IS
107th CONGRESS
2d Session
S. 2633
Mr. BIDEN (for himself and Mr. GRASSLEY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
-------------------------------------------------------------------------------
A BILL
To prohibit an individual from knowingly opening, maintaining, managing, controlling, renting, leasing, making available for use, or profiting from any place for the purpose of manufacturing, distributing, or using any controlled substance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Reducing Americans' Vulnerability to Ecstasy Act of 2002' or the `RAVE Act'.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Each year tens of thousands of young people are initiated into the drug culture at `rave' parties or events (all-night, alcohol-free dance parties typically featuring loud, pounding dance music).
(2) Some raves are held in dance clubs with only a handful of people in attendance. Other raves are held at temporary venues such as warehouses, open fields, or empty buildings, with tens of thousands of people present.
(3) The trafficking and use of `club drugs', including 3, 4-Methylenedioxymethamphetamine (Ecstasy or MDMA), Ketamine hydrochloride (Ketamine), Flunitrazepam (Rohypnol), and Gamma hydroxybutyrate (GHB), is deeply embedded in the rave culture.
(4) Many rave promoters go to great lengths to try to portray their events as alcohol-free parties that are safe places for young adults to go to dance with friends, and some even go so far as to hire off-duty, uniformed police officers to patrol outside of the venue to give parents the impression that the event is safe.
(5) Despite such efforts to convince parents that raves are safe, promotional flyers with slang terms for Ecstasy or pictures of Ecstasy pills send the opposite message to teenagers, and in effect promote Ecstasy along with the rave. According to the National Drug Intelligence Center, raves have become little more than a way to exploit American youth.
(6) Because rave promoters know that Ecstasy causes the body temperature in a user to rise and as a result causes the user to become very thirsty, many rave promoters facilitate and profit from flagrant drug use at rave parties or events by selling over-priced bottles of water and charging entrance fees to `chill-rooms' where users can cool down.
(7) To enhance the effects of the drugs that patrons have ingested, rave promoters sell--
(A) neon glow sticks;
(B) massage oils;
(C) menthol nasal inhalers; and
(D) pacifiers that are used to combat the involuntary teeth clenching associated with Ecstasy.
(8) Ecstasy is the most popular of the club drugs associated with raves. Thousands of teenagers are treated for overdoses and Ecstasy-related health problems in emergency rooms each year. The Drug Abuse Warning Network reports that Ecstasy mentions in emergency visits grew 1,040 percent between 1994 and 1999.
(9) Ecstasy damages neurons in the brain which contain serotonin, the chemical responsible for mood, sleeping and eating habits, thinking processes, aggressive behavior, sexual function, and sensitivity to pain. According to the National Institute on Drug Abuse, this can lead to long-term brain damage that is still evident 6 to 7 years after Ecstasy use.
(10) An Ecstasy overdose is characterized by an increased heart rate, hypertension, renal failure, visual hallucinations, and overheating of the body (some Ecstasy deaths have occurred after the core body temperature of the user goes as high as 110 degrees, causing all major organ systems to shutdown and muscles to breakdown), and may cause heart attacks, strokes, and seizures.
SEC. 3. OFFENSES.
(a) IN GENERAL- Section 416(a) of the Controlled Substances Act (21 U.S.C. 856(a)) is amended--
(1) in paragraph (1), by striking `open or maintain any place' and inserting `open, lease, rent, use, or maintain any place, whether permanently or temporarily,'; and
(2) by striking paragraph (2) and inserting the following:
`(2) manage or control any place, whether permanently or temporarily, either as an owner, lessee, agent, employee, occupant, or mortgagee, and knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.'.
(b) TECHNICAL AMENDMENT- The heading to section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended to read as follows:
`SEC. 416. MAINTAINING DRUG-INVOLVED PREMISES.'.
(c) CONFORMING AMENDMENT- The table of contents to title II of the Comprehensive Drug Abuse and Prevention Act of 1970 is amended by striking the item relating to section 416 and inserting the following:
`Sec. 416. Maintaining drug-involved premises.'.
SEC. 4. CIVIL PENALTY AND EQUITABLE RELIEF FOR MAINTAINING DRUG-INVOLVED PREMISES.
Section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended by adding at the end the following:
`(d)(1) Any person who violates subsection (a) shall be subject to a civil penalty of not more than the greater of--
`(A) $250,000; or
`(B) 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person.
`(2) If a civil penalty is calculated under paragraph (1)(B), and there is more than 1 defendant, the court may apportion the penalty between multiple violators, but each violator shall be jointly and severally liable for the civil penalty under this subsection.
`(e) Any person who violates subsection (a) shall be subject to declaratory and injunctive remedies as set forth in section 403(f).'.
SEC. 5. DECLARATORY AND INJUNCTIVE REMEDIES.
Section 403(f)(1) of the Controlled Substances Act (21 U.S.C. 843(f)(1)) is amended by striking `this section or section 402' and inserting `this section, section 402, or 416'.
SEC. 6. SENTENCING COMMISSION GUIDELINES.
The United States Sentencing Commission shall--
(1) review the Federal sentencing guidelines with respect to offenses involving gamma hydroxybutyric acid (GHB);
(2) consider amending the Federal sentencing guidelines to provide for increased penalties such that those penalties reflect the seriousness of offenses involving GHB and the need to deter them; and
(3) take any other action the Commission considers necessary to carry out this section.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR A DEMAND REDUCTION COORDINATOR.
There is authorized to be appropriated $5,900,000 to the Drug Enforcement Administration of the Department of Justice for the hiring of a special agent in each State to serve as a Demand Reduction Coordinator.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS FOR DRUG EDUCATION.
There is authorized to be appropriated such sums as necessary to the Drug Enforcement Administration of the Department of Justice to educate youth, parents, and other interested adults about the drugs associated with raves.
CONGRESSIONAL RECORD - SENATE JUNE 18, 2002
INTRODUCTORY STATEMENTS for S. 2633
By Mr. BIDEN (for himself, and Mr. GRASSLEY):
S. 2633. A bill to prohibit an individual from knowingly opening, maintaining, managing, controlling, renting, leasing, making available for use, or profiting from any place for the purpose of manufacturing, distributing, or using any controlling substance, and for other purposes; to the Committee on the Judiciary.
Mr. BIDEN. Madam President, over the past several years, I have become increasingly concerned with the trafficking and use of the newest fad drug, Ecstasy. All across the country, thousands of teenagers are treated for overdoses and Ecstasy-related health problems in emergency rooms each year. And recent statistics from the Partnership for a Drug Free America show that teen use of Ecstasy has increased 71 percent since 1999. Unless we mount a major education campaign across schools and campuses nationwide, we may not be able to counter the widespread misconception that Ecstacy[sic] is harmless, fashionable and hip.
Much of the abuse of Ecstasy and other club drugs happens at all-night dance parties known as "raves." A few months ago in the Caucus on International Narcotics Control I held a hearing to take an in-depth look at the phenomenon of these all-night dance parties and recent efforts at the Federal, State and local levels to crack down on rave promoters who allow rampant drug use at their events and do everything they can to profit from it.
It is common for rave organizers to go to great lengths to portray their events as safe so that parents will allow their kids to attend. They advertise them as alcohol-free parties and some even hire off-duty police officers to patrol outside the venue. But the truth is that many of these raves are drug dens where use of Ecstasy and other "club drugs," such as the date rape drugs Rohypnol, GHB and Ketamine, is widespread.
But even as these promoters work to make parents think that their events are safe, they send a different message to kids. Their promotional flyers make clear that drugs are an integral part of the party by prominently featuring terms associated with drug use, such as the letters "E" or "X," street terms for Ecstasy, or the term "rollin," which refers to an Ecstasy high. They are, in effect, promoting Ecstasy along with the rave.
By doing so, the promoters get rich as they exploit and endanger kids. Many supplement their profits from the $10 to $50 cover charge to enter the club by selling popular Ecstasy paraphernalia such as baby pacifiers, glow sticks, or mentholated inhalers. And party organizers know that Ecstasy raises the core body temperature and makes the user extremely thirsty, so they sell bottles of water for $5 or $10 apiece. Some even shut off the water faucets so club goers will be forced to buy water or pay admission to enter an air-conditioned "cool down room."
Despite the conventional wisdom that Ecstasy and other club drugs are "no big deal," a view that even the New York Times Magazine espoused in a cover story, these drugs can have serious consequences, and can even be fatal.
After the death of a 17-year-old girl at a rave party in New Orleans in 1998, the Drug Enforcement Administration conducted an assessment of rave activity in that city which showed the close relationship between these parties and club drug overdoses. In a two year period, 52 raves were held at the New Orleans State Palace Theater, during which time approximately 400 teenagers overdosed and were treated at local emergency rooms. Following "Operation Rave Review" which resulted in the arrest of several rave promoters and closing the city's largest rave, overdoses and emergency room visits dropped by 90 percent and Ecstasy overdoses have been eliminated.
State and locals governments have begun to take important steps to crack down on rave promoters who allow their events to be used as havens for illicit drug activity. In Chicago, where Mayor Daley has shown great leadership on this issue, it is a criminal offense to knowingly maintain a place, such as a rave, where controlled substances are used or distributed. Not only the promoter, but also the building owner and building manager can be charged under Mayor Daley's law. The State of Florida has a similar statute making such activity a felony.
And in Modesto, California, police officers are offering "rave training classes" to parents to educate them about the danger of raves and the club drugs associated with them.
And at the Federal level, there have been four cases in which Federal prosecutors have used the so called "crack house statute" or other Federal charges to go after rave promoters. These cases, in Little Rock, AR, Boise, ID, Panama City, FL, and New Orleans, LA, have had mixed results, culminating in two wins, a loss and a draw, suggesting that there may be a need to tailor this Federal statute more precisely to the problem at hand. Today I am proposing legislation, Reducing Americans' Vulnerability to Ecstasy Act, or the "RAVE" Act, which will do just that. I am pleased to have Senator Grassley as the lead cosponsor.
The bill tailors the crack house statute to address rave promoters' actions more specifically so that Federal prosecutors will be able to use it to prosecute individuals who allow rampant drug use at their events and seek to profit from putting kids at risk. The legislation also addresses the low penalties for trafficking gamma hydroxybutyric acid, GHB, by directing the United States Sentencing Commission to examine the current penalties and consider increasing them to reflect the seriousness of offenses involving GHB.
But the answer to the problem of drug use at raves is not simply to prosecute irresponsible rave promoters and those who distribute drugs. There is also a responsibility to raise awareness among parents, teachers, students, coaches, religious leaders, etc. about the dangers of the drugs used and sold at raves. The RAVE Act directs funds to the DEA for that purpose. Further, the bill authorizes nearly $6 million for the DEA to hire a Demand Reduction Coordinator in each state who can work with communities following the arrest of a significant local trafficker to reduce the demand for drugs through prevention and treatment programs.
It is the unfortunate truth that most raves are havens for illicit drugs. Enacting the RAVE Act will help to prosecute the promoters who seek to profit from exploiting and endangering young lives and will take steps to educate youth, parents and other interested adults about the dangers of Ecstasy and other club drugs associated with raves.
I hope that my colleagues will join me and support this legislation.
Mr. GRASSLEY. Madam President, I am pleased to join my colleague Senator BIDEN today in introducing the RAVE Act, or Reducing America's Vulnerability to Ecstacy[sic] Act of 2002. I believe this legislation will help America's law enforcement go after the latest methods drug dealers are using to push drugs on our kids. As drug dealers discover new drugs and new methods of pushing their poison, we must make sure our legal system is adequately structured to react appropriately. I believe this legislation does that.
Many young people perceive Ecstasy as harmless and it is wrongly termed a recreational or "kid-friendly" drug. This illegal substance does real damage to real lives. Although targeted at teenagers and young adults, its use has spread to the middle-aged population and rural areas, including my own State of Iowa. Ninety percent of all drug treatment and law enforcement experts say that Esctasy[sic] is readily accessible in this country. We cannot continue to allow easy access to this drug or ignore the consequences of its use.
The sale of illicit narcotics, whether on a street corner here in Washington, D.C., or a warehouse in Des Moines, IA, must be confronted and halted wherever possible. One of the new, "trendy" illicit narcotics is Ecstasy, an especially popular club drug that is all too often being sold at all-night dance parties, or raves. Ecstasy is an illegal drug that has extremely dangerous side effects. In general, Ecstasy raises the heart rate to dangerous levels, and in some cases the heart will stop. It also causes severe dehydration, a condition that is exacerbated by the high levels of physical exertion that happens at raves. Users must constantly drink water in an attempt to cool off, a fact that some rave promoters take advantage of by charging exorbitant fees for bottles of water. Too often, users collapse and die because their bodies overheat. And even those who survive the short-term effects of Ecstasy use can look forward long-term problems such as depression, paranoia, and confusion, as scientists have learned that Ecstasy causes irreversible changes to the brain.
The legislation that we introduce today is the result of information gathered during a series of hearings held by the Caucus on International Narcotics Control. It will help U.S. attorneys shut down raves and prosecute rave promoters who knowingly maintain a place where drugs are used, kept, or sold by expanding the existing statute that allows the closure and prosecution of crack house operators.
The statute would only be applicable if the rave promoters or location owners "knowingly and intentionally" either use or allow to be used space for an event where drugs will be "manufactured, stored, distributed, or used." This legislation will not eliminate all raves. Provided rave promoters and sponsors operate such events as they are so often advertized[sic], as places for people to come dance in a safe, alcohol-free environment, then they have nothing to fear from this law. But this legislation will give law enforcement the tools needed to shut down those rave operators and promoters who use raves as a cover to sell drugs. Innocent owners or proprietors will remain exempt from prosecution.
This legislation is an important step, but a careful one. Our future rests with the young people of this great nation and America is at risk. Esctasy[sic] has shown itself to be a formidable threat and we must confront it on all fronts, not only through law enforcement but education and treatment as well. I hope my colleagues will join us in supporting the RAVE Act, and help us work towards its quick passenge[sic].
